Trademark Registration
You can answer queries concerning trademarks not addressed below by clicking here. We shall be pleased to help you.
Where should I register my trademark?
In Brazil at INPI – The Brazilian Industrial Property Authority, the federal body responsible for registering trademarks throughout Brazil.
What is the first step in registering my trademark?
To begin with it is necessary to carry out a legal viability search. This research will discover whether or not the trade name chosen for your activity or product is available to be registered.
How long does this legal viability search take?
The process is normally very fast. For more details contact us by clicking here.
What is the next step after the search?
The next steps are to apply for registration of the trademark, pay the INPI fee, file a proxy, followed by the presentation of your request.
Will my trademark then be duly registered?
Unfortunately INPI takes a long time to analyze a trademark process. However, after applying for the trademark to be registered, the company or individual can transfer, license or defend the trademark.
How will I know if my process has been analyzed?
To follow up any process carried out by INPI, it is important to keep updated by referring to the weekly publication of the Industrial Property Journal. It is in this journal that any news referring to processes are published. Law firms specializing in intellectual property normally have their own system of managing these processes at INPI, making it unnecessary for the client to worry about this matter.
Still on the subject of following up the process, it is crucial to stress the importance of referring to the list of trademark conflicts every week. Every Tuesday the Office consults RPI online, and any trademark submitted in Brazil which is the same as or similar to that of a client is noted and passed on to a lawyer. In the case of a real trademark conflict which could be jeopardize a client’s interests, we inform them immediately and give all the information necessary to combat the infringement.
This highlights the importance of following up a process even after the trademark has been registered.
After analysis by INPI, for how long is my trademark valid? Can it expire?
The trademark is valid for 10 years. In the final year the trademark should be renewed or it will be suspended. This renewal can be made as many times as you wish at intervals of 10 years.
What else should I know?
Any change whatsoever in the trademark should be followed by a request to register the new design, bearing in mind that any use that is not in accordance with the certificate runs the risk of the trademark being cancelled. It is not permitted for more than 5 years to elapse without using the trademark.
If you have any further doubts please contact us.
